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In the current immigration climate, the concept of expedited removal is often bruited about by those in the know. However, many, including professionals, are unclear as to what expedited removal actually is, versus what it has been, versus what the current administration intends for it to be. The concept is complex, and if you or a loved one are going to be in a situation where you face the threat of being removed, it is critical that you know your options.

Origins of the Procedure

The concept of expedited removal—when a potential visitor or immigrant is turned around without being permitted a hearing or indeed many other due process rights that citizens possess—was first propagated in 1996, in the text of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). At the time, the procedure was only used against those who met the following characteristics:

Immigrants arrive in the United States each day on nonimmigrant visas, allowing them to remain for a specific period of time, to do specific things. For example, a B2 visa allows someone to come to the U.S. for tourism.

However, if someone decides on a new path, or has the chance to do something different—for example, a foreign student finding a job in the United States—then he or she usually must become a lawful permanent resident (LPR) in order to do so. Some people can do so by filing for what is referred to as an adjustment of status (AOS) within the country. Still, some people are denied this opportunity. It is generally necessary to familiarize yourself with the AOS procedure before moving ahead.

One of the cornerstones of the new president’s immigration policy, going back to the campaign trail, is to regulate the country’s H1B visa program more effectively, ostensibly to weed out those who abuse the system. However, the proverbial jury remains out as to the most effective way to do this, or even as to whether such reforms are truly necessary. Either way, those who hold H1B visas or seek to obtain them in the next fiscal year should be aware of the potential changes to the program.

Current Program Regulations

For the last few decades, at least, the H1B program has been used to allow U.S. employers to hire foreign workers, seemingly to fill gaps in their workforce that cannot be filled by U.S. citizens. The requirements are fairly simple, but important to prove. They are: (1) that one has a bachelor’s degree or equivalent, in a field related to the one he or she intends to work in; (2) that one will be earning a wage (as opposed to volunteering or being paid in another manner); and (3) and that he or she will be engaged in a “specialty occupation.”

Since the takeover of the new administration, immigrants, both documented and undocumented, have been asking multiple questions about potential changes in enforcement at the state and federal level. One of the most common questions in recent weeks asks what an immigrant needs to be carrying on him or her in terms of documents that show status. The answer is that it will depend on the type of status you have.

“Registration” is Different

The relevant provision in U.S. immigration law is Sec. 262 of the Immigration and Nationality Act (INA), which holds that any alien over the age of 14, who has been or will be present for than 30 days, must “register” with the federal government. However, the word “registration” has been interpreted in very different ways depending on the category of visa the alien holds (or, obviously, if one is undocumented). Most of the time, registration happens automatically when one enters the country. One common example is the I-94 form, which is considered a registration document for most of those who enter via sea or air.

Since the changeover to the new administration, there have been numerous unanswered questions about the status of immigrants, especially those who are part of various special interest groups. Perhaps no one is more at risk than the unaccompanied minors who make the trip from Central and South America, and it is entirely understandable that many may wonder about what awaits them when they arrive.

Current USCIS Regulations

Currently, unaccompanied minors may seek Special Immigrant Juvenile status. Or, they may apply for asylum on their own, depending on their situation, if they have no family in the country to sponsor them. Special Immigrant Juvenile (SIJ) status is designed to assist minors who have been abused or abandoned, and as such, has certain restrictions—a juvenile may obtain a green card through the program, but he or she may never petition for his or her parents to do the same, unlike immigrants who adjust status after reaching 18 years of age.

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